Allahabad High Court permits over-50 wife surrogacy citing Article 21
India
The Allahabad High Court just made a big exception for a couple married for more than 17 years, letting them try surrogacy even though the wife is over 50, past the usual legal age limit.
The judges said sticking strictly to age rules would violate their right to reproductive autonomy, guaranteed under Article 21 of the Constitution.
The judges said sticking strictly to age rules would violate their right to reproductive autonomy, guaranteed under Article 21 of the Constitution.
Court allows 3 week surrogacy filing
This couple had frozen embryos way back in 2015, before current surrogacy laws kicked in.
Their lawyers argued that denying them would mean denying parenthood altogether.
Recognizing their unique situation, the court told authorities to process their application if they submit it within three weeks, a reminder that sometimes rules need flexibility when real lives are at stake.
Their lawyers argued that denying them would mean denying parenthood altogether.
Recognizing their unique situation, the court told authorities to process their application if they submit it within three weeks, a reminder that sometimes rules need flexibility when real lives are at stake.